CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to strengthen policy measures to reduce greenhouse gases and adapt to climate change for preventing serious impacts of climate crisis, to resolve economic, environmental, and social disparity that may arise in the course of transition to a carbon neutral society, and to foster, promote, and revitalize green technology and green industry for a harmonious development of the economy and environment, thereby improving the quality of life of present and future generations, protecting the ecosystem and climate system, and contributing to the sustainable development of the international community.
The terms used in this Act are defined as follows:
| 1. | The term "climate change" means a change in the climate system caused by increased concentrations of greenhouse gases as a consequence of human activities, which occurs in addition to natural climate change that has been observed during a considerable period of time; |
| 2. | The term "climate crisis" means a state in need of a radical reduction of greenhouse gases because climate change is posing an irreversible risk to human civilization, including water deficiency, food shortage, ocean oxidization, sea level rise, ecosystem collapse as well as extreme weather conditions; |
| 3. | The term “carbon neutrality” means a state where greenhouse gas emissions emitted, released, or leaked out into the atmosphere become net-zero as they are offset by greenhouse gas absorption elsewhere; |
| 4. | The term "carbon neutral society" means a society in which people lower or eliminate dependence on fossil fuels and lay the foundation for finance, technology, system, etc. for adaptation to climate crisis and just transition to smoothly achieve carbon neutrality and prevent and minimize damage and adverse effects that may arise in the process; |
| 5. | The term "greenhouse gas" means any gaseous matter in the atmosphere which absorbs or re-emits radiant heat to cause greenhouse effects, including carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), hydrofluorocarbon (HFCs), perfluorocarbon (PFCs), sulfur hexafluoride (SF6), and other substances specified by Presidential Decree; |
| 6. | The term "greenhouse gas emission" means direct emission of greenhouse gases, which are emitted, released, or leaked out in the course of human activities, as well as indirect emission of greenhouse gases, which are induced by using electricity or heat (limited to heat using fuels or electricity as a heat source) supplied from other persons; |
| 7. | The term "greenhouse gas reduction" means all kinds of activities to reduce or absorb greenhouse gas emissions to alleviate or delay climate change; |
| 8. | The term "greenhouse gas absorption" means that greenhouse gases are removed from the atmosphere by means of land utilization, changes in land utilization, forestry activities, etc.; |
| 10. | The term "energy conversion" means converting the entire system of producing, transferring, and consuming energy to cope with climate crisis (referring to a series of activities to address climate crisis, such as reduction of greenhouse gases, adaptation to climate change, and establishment of related infrastructure; hereinafter the same shall apply) and to pursue environmental protection, safety, energy security, and sustainability; |
| 11. | The term "adaptation to climate crisis" means all kinds of activities to reduce the vulnerability to climate crisis and enhance adaptability and resilience to health damage and natural disasters caused by climate crisis, to minimize the current or foreseeable ripple effects and impacts of the climate crisis or to turn them into opportunities to take advantage of the climate crisis; |
| 12. | The term "climate justice" means to acknowledge that each social group has different share of responsibility for greenhouse gas emissions causing climate change, and to ensure that all interested parties equally and substantially participate in the decision-making process to overcome the climate crisis and fairly distribute the burden of transition to a carbon neutral society and benefits of green growth according to their disproportionate share of responsibility for climate change, thereby ensuring equality between different socio-economic groups and generations; |
| 13. | The term "just transition" means a policy direction-setting for protecting workers, farmers, small and medium entrepreneurs, etc. in regions or industries that could suffer direct or indirect damage in the course of transition to a carbon neutral society, to make the society share the burden caused in the transition process and minimize damage to the vulnerable social groups; |
| 14. | The term "green growth" means an economic growth in harmony with the environment, which can be achieved by saving and efficiently using energy and resources to mitigate climate change and environmental damage, and securing new growth engines and creating job opportunities through research and development of clean energy and green technology; |
| 15. | The term "green economy" means an economy where the use of fossil fuels is phased out and green technology and green industry are fostered to strengthen the national competitiveness and pursue sustainable development; |
| 16. | The term "green technology" means a technology to achieve carbon neutrality and promote green growth by replacing the use of fossil fuels and using energy and resources more efficiently throughout the entire process of social and economic activities, which includes a technology to cope with climate change (referring to technology for coping with climate change defined in subparagraph 6 of Article 2 of the Act on the Promotion of Technological Development for Climate Change), technology for efficient use of energy, clean production technology, technology for new and renewable energy, technology for resources circulation (referring to resources circulation defined in subparagraph 1 of Article 2 of the Framework Act on Resources Circulation; hereafter the same shall apply), and eco-friendly technology (including related convergence technologies); |
| 17. | The term "green industry" means all kinds of industries for realizing carbon neutrality and facilitating green growth by replacing the use of fossil fuels generating greenhouse gas emissions, enhancing the efficient use of energy and resources, and producing goods and providing services to improve the environment. |
| Article 3 (Basic Principles) |
The transition to a carbon neutral society and green growth shall be promoted based on the following basic principles:
| 1. | It shall be based on the principle of intergenerational equality that the current generation is responsible for ensuring the survival of future generations and the principle of sustainable development; |
| 2. | It shall promote the transition to a carbon neutral society and green growth as a comprehensive crisis response strategy, based on rational recognition of the severity of global climate crisis and changes in the international economic environment corresponding thereto; |
| 3. | It shall formulate policies to reduce greenhouse gases and adapt to climate crisis, based on the scientific prediction and analysis of climate change and in comprehensive consideration of every field and sector that affect or are affected by climate crisis; |
| 4. | It shall promote climate justice to ensure proportionate distribution of the responsibility for and benefits from climate crisis throughout the society, with the aim of overcoming the climate crisis and social disparity at once, thereby realizing a just transition to protect the vulnerable social groups, sectors, and regions susceptible to damage that may occur in the course of transition to a carbon neutral society; |
| 5. | It shall endeavor to realize the polluter pays principle by reorganizing the taxation, financial systems, etc. to ensure that the economic costs of environmental pollution or greenhouse gas emission are reasonably reflected in the market price of goods or services; |
| 6. | It shall overcome climate crisis through transition to a carbon neutral society, and at the same time, turn it into an opportunity to expand national growth engines, strengthen national competitiveness in the international arena, and create jobs, by boosting investment in and support for green technology and green industries with high growth potential and competitiveness; |
| 7. | It shall ensure every citizen’s democratic participation in the process of transition to a carbon neutral society and promotion of green growth; |
| 8. | It shall aggressively participate in the efforts of the international community to hold the rise in the global average temperature to below 1.5 degrees Celsius above pre-industrial levels, not undermine the environment and social justice of developing countries, and strengthen cooperation for support for climate crisis response, based on the recognition that the climate crisis is a common challenge for humanity. |
| Article 4 (Responsibilities of the State and Local Governments) |
| (1) | The State and local governments shall endeavor to ensure that the basic principles prescribed in Article 3 are reflected in all sectors, including economy, society, education, and culture, and shall create various conditions, such as improvement of relevant statutes or regulations, increase of financial investment, and establishment of related facilities and systems. |
| (2) | The State and local governments shall comprehensively consider the impacts on climate crisis, harmonious development of economy and environment, etc. in the process of formulating various plans and implementing projects. |
| (3) | A local government shall take into consideration local characteristics, conditions, etc. of the local government when it formulates and implements measures for the transition to a carbon neutral society and promotion of green growth. |
| (4) | The State and local governments shall evaluate the implementation results through a regular inspection of policies for coping with climate change, and analyze international negotiation trends and policies of major countries and local governments to prepare thorough measures. |
| (5) | The State and local governments shall devise measures necessary to help public institutions under Article 4 of the Act on the Management of Public Institutions (hereinafter referred to as "public institution"), business entities, and citizens to efficiently reduce greenhouse gases and to strengthen the ability to adapt to climate crisis. |
| (6) | The State and local governments shall protect the safety and property of citizens from climate crisis in accordance with the principles of climate justice and just transition. |
| (7) | The State and local governments shall promote scientific research, impact forecast, etc. on climate change, provide citizens and business entities with relevant information transparently, and guarantee them an opportunity to actively participate and cooperate in the decision-making process. |
| (8) | The State and local governments shall actively participate in international efforts to implement the transition to a carbon neutral society and promote green growth, and fully promote international cooperation for coping with climate crisis, such as providing support in terms of policy, technology, and finance to developing countries. |
| (9) | The State and local governments shall endeavor to foster professional human resources necessary for coping with climate crisis, such as the transition to a carbon neutral society and promotion of green growth. |
| Article 5 (Responsibilities of Public Institutions, Business Entities, and Citizens) |
| (1) | Public institutions shall actively cooperate in policy measures taken by the State and local governments for the transition to a carbon neutral society, induce investment and job creation in green technology and green industries through preferential purchase, etc. of green products prescribed in Article 66 (4), and shall endeavor to minimize impacts on the climate crisis in all kinds of activities, including the formulation and execution of budget, and selection and implementation of projects. |
| (2) | Business entities shall endeavor to minimize greenhouse gas emissions generated in the course of business activities through green management under Article 55 and to boost investment and employment in research and development of green technology and in green industries, and shall participate and cooperate in policy measures of the State and local governments. |
| (3) | Citizens shall actively practice a green life campaign under Article 67 (1) at home, schools, places of business, etc. and participate and cooperate in policy measures of the State and local governments. |
| Article 6 (Relationship to Other Statutes) |
Except as otherwise provided in other statutes, this Act shall govern the transition to a carbon neutral society and promotion of green growth.
CHAPTER II NATIONAL VISION AND GREENHOUSE GAS REDUCTION TARGETS
| Article 7 (National Vision and Strategy) |
| (1) | The Government shall establish a national vision for transition to a carbon neutral society and promotion of harmonious development of economy and environment, with the aim of achieving carbon neutrality by 2050. |
| (2) | In order to achieve the national vision under paragraph (1) (hereinafter referred to as “national vision"), the Government shall formulate a national strategy for carbon neutrality and green growth (hereinafter referred to as "national strategy"), including the following matters: |
| 1. | Matters regarding the policy objectives, including the national vision; |
| 2. | Sectoral strategies and key tasks to achieve the national vision; |
| 3. | Matters regarding linkage with related policies, such as policies on the environment, energy, national land, and ocean; |
| 4. | Other matters deemed necessary for the transition to a carbon neutral society, such as financing, taxation, finance, training of human resources, education, and public relations activities. |
| (3) | If the Government intends to formulate or modify a national strategy, it shall endeavor to hear opinions of relevant experts, local governments, interested parties, etc. through public hearings, etc. and reflect such opinions in the strategy-setting. |
| (4) | If the Government formulates or modifies the national strategy, it shall submit it to the State Council for deliberation, after going through deliberation by the 2050 Carbon Neutral Green Growth Committee under Article 15 (1) (hereinafter referred to as the "Committee"): Provided, That deliberation by the Committee and the State Council may be omitted where minor matters prescribed by Presidential Decree are modified. |
| (5) | The Government shall re-examine the national strategy every five years in consideration of technical conditions and prospects, social conditions, etc. and modify it if necessary. |
| (6) | Matters necessary for the details of the national strategy under paragraphs (2) through (5), procedures for formulating and modifying the national strategy, etc. shall be prescribed by Presidential Decree. |
| Article 8 (National Mid- and Long-Term Greenhouse Gas Reduction Targets) |
| (1) | The Government shall set a national medium- and long-term greenhouse gas emission reduction target (hereinafter referred to as "mid-to long-term reduction target") to reduce national greenhouse gas emissions by a ratio prescribed by Presidential Decree to the extent of not less than 35 percent from the 2018 levels by 2030. |
| (2) | The Government shall set a greenhouse gas emission reduction target for each sector, including industries, buildings, transportation, power generation, and wastes (hereinafter referred to as "sectoral reduction target"), to achieve the mid- to long-term reduction targets. |
| (3) | The Government shall set annual greenhouse gas emission reduction targets for the entire nation and each sector (hereinafter referred to as "annual reduction target") to achieve the mid- to long-term reduction targets and the sectoral reduction targets. |
| (4) | The Government shall re-examine mid- to long-term reduction targets, sectoral reduction targets, and annual reduction targets (hereinafter referred to as "mid- to long-term reduction target, etc.") every five years in consideration of domestic and international conditions, such as the Paris Agreement (hereinafter referred to as the "Agreement"), and shall modify or reset such targets in accordance with the principle of progression under Article 4 of the Agreement, if necessary: Provided, That if it is necessary due to changes, etc. in social and technical conditions, the targets may be modified or reset before five years elapse. |
| (5) | When the Government sets or modifies the mid- to long-term reduction targets, etc., it shall take into account the following matters: |
| 1. | Med- and long-term outlook for the national greenhouse gas emission and absorption; |
| 2. | National visions and strategies; |
| 3. | Attainability of the mid- to long-term reduction targets, etc.; |
| 4. | Sectoral contributions to greenhouse gas emissions and reductions; |
| 5. | Impacts on national energy policies; |
| 6. | Impacts on the domestic industry, especially on the industry type and region highly dependent on fossil fuels; |
| 7. | Impacts on the national finance; |
| 8. | Prospect of related technologies for reducing greenhouse gases, etc.; |
| 9. | Trend of the international community in coping with climate crisis. |
| (6) | If the Government sets or modifies the mid- to long-term reduction targets, etc., it shall endeavor to hear the opinions of relevant experts, interested parties, etc. and reflect their opinions, through the holding of public hearings, etc. |
| (7) | Matters necessary for setting, modification, etc. of the mid- to long-term reduction targets, etc. under paragraphs (1) through (6) shall be prescribed by Presidential Decree. |
| Article 9 (Inspection of Current Status of Implementation) |
| (1) | The chairperson of the Committee (hereinafter referred to as the "chairperson") shall inspect the current status of implementation of the annual reduction targets each year to achieve the mid- to long-term reduction targets and sectoral reduction targets, and shall prepare and disclose a report on the inspection results. |
| (2) | A report on the results under paragraph (1) shall include whether the amount of greenhouse gas emissions meets the annual reduction targets, matters having poor performance and requiring improvement found as a result of the inspection under paragraph (1), and other matters prescribed by Presidential Decree. |
| (3) | If greenhouse gas emissions are found to fall short of the annual reduction targets as a result of the inspection under paragraph (1), the head of an administrative agency in charge of affairs relating to the relevant sector shall prepare a plan for reducing greenhouse gases and submit it to the Committee. |
| (4) | If any matters have poor performance or require improvement under paragraph (2), the head of a central administrative agency, the heads of local governments, and the heads of public institutions shall reflect such matters in policies, etc. of the relevant agencies. |
| (5) | Matters necessary for methods of inspecting the current status of implementation and procedures for disclosing a report on the inspection results under paragraph (1), methods of submitting a plan for reducing greenhouse gases under paragraph (3), etc. shall be prescribed by Presidential Decree. |
CHAPTER III FORMULATION OF NATIONAL FRAMEWORK PLAN FOR CARBON NEUTRALITY AND GREEN GROWTH
| Article 10 (Formulation and Implementation of National Framework Plan for Carbon Neutrality and Green Growth) |
| (1) | The Government shall formulate and implement a 20-year national framework plan for carbon neutrality and green growth (hereinafter referred to as "national framework plan") every five years to achieve the national vision and the mid- to long-term reduction targets, etc. in line with the basic principles under Article 3. |
| (2) | A national framework plan shall include the following matters: |
| 1. | Matters regarding the national vision and greenhouse gas emission reduction targets; |
| 2. | Domestic and international trends and future prospects of climate change and changes in concentration of greenhouse gases in the atmosphere; |
| 3. | Current status of and outlook for the greenhouse gas emission and absorption; |
| 4. | Sectoral and annual measures to attain the mid- to long-term reduction targets, etc.; |
| 5. | Matters regarding adaptive measures, including monitoring and prediction of climate change, assessment of impacts of and vulnerability to climate change, and prevention of disasters; |
| 6. | Matters regarding just transition; |
| 7. | Matters regarding policy measures for green growth, including fostering of green technology and green industries, and revitalization of green finance; |
| 8. | Matters regarding international negotiation and cooperation related to coping with climate crisis; |
| 9. | Matters regarding cooperation between the State and local governments in coping with climate crisis; |
| 10. | The scale of and procurement methods of financial resources required for the transition to a carbon neutral society and promotion of green growth; |
| 11. | Other matters prescribed by Presidential Decree as necessary for the transition to a carbon neutral society and promotion of green growth. |
| (3) | Where a national framework plan is formulated or modified, it shall be deliberated by the State Council, following deliberation by the Committee: Provided, That deliberation by the Committee or the State Council may be omitted where minor matters prescribed by Presidential Decree are modified. |
| (4) | The Minister of Environment shall assist with affairs related to the formulation, implementation, etc. of the national framework plan, and the head of the relevant central administrative agency shall spare no efforts to cooperate therewith, such as providing data requested by the Minister of Environment. |
| (5) | Matters necessary for the methods, procedures, etc. for formulating and modifying the national framework plan under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
| Article 11 (Formulation of City/Do Plans) |
| (1) | The Special Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Do Governor, and a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") shall formulate and implement a 10-year City/Do master plan for carbon neutrality and green growth (hereinafter referred to as "City/Do plan") every five years, taking into account the national framework plan and the regional characteristics of the region under jurisdiction. |
| (2) | A City/Do plan shall include each of the following matters: |
| 1. | Regional current status of and outlook for the greenhouse gas emission and absorption; |
| 2. | Regional mid- and long-term greenhouse gas emission reduction targets and sectoral and annual implementation measures; |
| 3. | Matters regarding regional adaptive measures including monitoring and prediction of climate change, assessment of impacts of and vulnerability to climate change, and prevention of disasters; |
| 5. | Matters regarding international cooperation in each region to cope with climate crisis; |
| 6. | Matters regarding cooperation among local governments to cope with climate crisis; |
| 7. | Matters regarding education and public relations for the transition to a carbon neutral society and promotion of green growth; |
| 8. | Matters regarding promotion of green growth, including the fostering of green technology and green industries; |
| 9. | Other matters that the Mayor/Do Governor deems necessary for the transition to a carbon neutral society and promotion of green growth. |
| (3) | Where a Mayor/Do Governor intends to formulate or modify a City/Do plan, he or she shall submit it for deliberation to the 2050 Local Carbon Neutrality and Green Growth Committee established under Article 22 (1) (hereinafter referred to as the "Local Committee"): Provided, That the deliberation may be omitted where minor matters prescribed by Presidential Decree are modified. |
| (4) | Where a City/Do plan is formulated or modified, a Mayor/Do Governor shall submit it to the Minister of Environment, and the Minister of Environment shall compile the City/Do plans submitted and report them to the Committee. |
| (5) | The Government may devise support measures necessary to facilitate the implementation of a City/Do plan. |
| (6) | Matters necessary for the formulation, implementation, and modification of City/Do plans, submission and reporting thereof, devising of support measures, etc. under paragraphs (1) through (5) shall be prescribed by Presidential Decree. |
| Article 12 (Formulation of Si/Gun/Gu Plans) |
| (1) | The head of a Si/Gun/Gu (a Gu refers to an autonomous Gu; hereinafter the same shall apply) shall formulate and implement a 10-year Si/Gun/Gu master plan for carbon neutrality and green growth (hereinafter referred to as "Si/Gun/Gu plan") every five years, taking into consideration the national framework plan, City/Do plans, regional characteristics of the competent region, etc. |
| (2) | Article 11 (2) and (3) shall apply mutatis mutandis to the formulation and modification of a Si/Gun/Gu plan. In such cases, "Mayor/Do Governor" shall be construed as "head of a Si/Gun/Gu." |
| (3) | Where a Si/Gun/Gu plan is formulated or modified, the head of a Si/Gun/Gu shall submit it to the Minister of Environment and the competent Mayor/Do Governor, and the Minister of Environment shall compile the Si/Gun/Gu plans received and report them to the Committee. |
| (4) | The Government may devise support measures necessary to facilitate the implementation of Si/Gun/Gu plans. |
| (5) | Matters necessary for the formulation, implementation, and modification of Si/Gun/Gu plans, devising of support measures, etc. under paragraphs (1) through (4) shall be prescribed by Presidential Decree. |
| Article 13 (Inspection of Implementation Progress of National Framework Plan) |
| (1) | The chairperson of the Committee shall qualitatively and quantitatively inspect the implementation progress and major achievements of the national framework plan every year, and prepare and disclose a report on the inspection results. |
| (2) | A Mayor/Do Governor and the head of a Si/Gun/Gu shall qualitatively and quantitatively inspect the implementation progress and major achievements of City/Do plans and Si/Gun/Gu plans every year, prepare a report on the inspection results, and after deliberation by the Local Committee, submit the reports on Ci/Do plans to the Minister of Environment and the reports on Si/Gun/Gu plans to the Minister of Environment and the competent Mayor/Do Governor, respectively, and the Minister of Environment shall compile the reports submitted and report them to the Committee. |
| (3) | The chairperson may suggest the opinion on improvement to the head of the relevant central administrative agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu on matters that are found to be in need of improvement in the inspection results under paragraphs (1) and (2). In such cases, the head of the relevant central administrative agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall reflect such opinion in policies, etc. of the relevant agencies, unless there is a compelling reason not to do so. |
| (4) | Matters necessary for the inspection methods, procedures for disclosure, etc. under paragraphs (1) and (2) shall be prescribed by Presidential Decree. |
| Article 14 (Notification of Enactment and Amendment of Statutes or Regulations) |
| (1) | Where the head of a central administrative agency intends to enact, amend, or repeal any statutes or regulations that contain details affecting the national vision or to formulate or modify a mid- and long-term administrative plan related to the national framework plan, he or she shall notify the Committee of the details thereof. |
| (2) | Where the head of a local government intends to enact, amend, or repeal any municipal ordinance that contains details affecting the national vision or to formulate or modify an administrative plan related to a City/Do plan or a Si/Gun/Gu plan, he or she shall notify the Committee and a Local Committee of the details thereof. |
| (3) | The Committee or a Local Committee shall review the details of the statutes or regulations, municipal ordinances, or administrative plans notified pursuant to paragraph (1) or (2) and notify the results of the review to the head of the relevant central administrative agency or the head of a relevant local government (hereafter in this Article referred to as "head of the relevant agency”). |
| (4) | If deemed necessary for review under paragraph (3), the Committee or a Local Committee may request the head of the relevant agency to submit relevant data. In such cases, the head of the relevant agency shall comply with the request unless there is a compelling reason not to do so. |
| (5) | In receipt of notification of the results of review under paragraph (3), the head of the relevant agency shall properly reflect the details of review in enactment, amendment, or repeal of the relevant statutes and regulations or municipal ordinances, or in formulation or modification of administrative plans. |
| (6) | Matters necessary for the subject matters, methods, notification procedures, etc. of review under paragraphs (1) through (4) shall be prescribed by Presidential Decree. |
CHAPTER IV 2050 CARBON NEUTRALITY AND GREEN GROWTH COMMITTEE
| Article 15 (Establishment of 2050 Carbon Neutrality and Green Growth Committee) |
| (1) | The 2050 Carbon Neutrality and Green Growth Committee shall be established under the jurisdiction of the President to deliberate and decide on the Government’s key policies, plans, and implementation thereof for the transition to a carbon neutral society and promotion of green growth. |
| (2) | The Committee shall be comprised of at least 50 but not exceeding 100 members, including two chairpersons. |
| (3) | The Prime Minister shall serve as one of the chairpersons of the Committee, and the other shall be appointed by the President from among the committee members prescribed in paragraph (4) 2. |
| (4) | The members of the Committee shall be each of the following persons: |
| 1. | The Minister of Economy and Finance, the Minister of Science and ICT, the Minister of Trade, Industry and Energy, the Minister of Environment, the Minister of Land, Infrastructure and Transport, the Minister of the Office for Government Coordination, and other public officials prescribed by Presidential Decree; |
| 2. | Persons commissioned by the President from among those who have extensive knowledge of and experience in the fields of climate science, reduction of greenhouse gas emissions, prevention of and adaptation to climate change, energy and resources, green technology and green industry, just transition, etc. |
| (5) | When commissioning committee members pursuant to paragraph (4) 2, the President shall receive recommendations for candidates from, and hear the opinion of, various social groups including youths, women, workers, farmers and fishermen, small and medium entrepreneurs, and civic groups, to ensure that the representativeness of each social group is reflected. |
| (6) | The Committee shall have one administrative secretary to deal with administrative affairs, and the Minister of the Office for Government Coordination shall serve as the administrative secretary. |
| (7) | When a chairperson is unable to perform his or her duties due to any unavoidable reason, a committee member designated in advance by a chairperson who is the Prime Minister shall act on his or her behalf. |
| (8) | The committee members referred to in paragraph (4) 2 shall hold office for a term of two years, and may be appointed consecutively for only one further term. |
| (9) | Matters necessary for the composition, operation, etc. of the Committee under paragraphs (1) through (8) shall be prescribed by Presidential Decree. |
| Article 16 (Functions of the Committee) |
| (1) | The Committee shall deliberate and decide the following matters: |
| 1. | Matters regarding the basic direction-setting of policies for the transition to a carbon neutral society and promotion of green growth; |
| 2. | Matters regarding setting of the national vision, the mid- to long-term reduction targets, etc.; |
| 3. | Matters regarding formulation and modification of the national strategy; |
| 4. | Matters regarding inspection of the implementation progress under Article 9; |
| 5. | Matters regarding formulation and modification of the national framework plan; |
| 6. | Matters regarding disclosure of the inspection results of the national framework plan, City/Do plans, and Si/Gun/Gu plans and suggestion of the opinion on improvement under Article 13; |
| 7. | Matters regarding formulation, modification, and inspection of national adaptive measures for climate crisis under Articles 38 and 39; |
| 8. | Matters regarding laws and systems related to the transition to a carbon neutral society and green growth; |
| 9. | Matters regarding the direction-setting of distribution of financial resources and efficient use of such resources for the transition to a carbon neutral society and promotion of green growth; |
| 10. | Matters regarding research and development, training of human resources, and fostering of industries related to the transition to a carbon neutral society and green growth; |
| 11. | Matters regarding enhancement of public understanding, and public relations and communication related to the transition to a carbon neutral society and green growth; |
| 12. | Matters regarding international cooperation for the transition to a carbon neutral society and green growth; |
| 13. | Matters subject to deliberation by the Committee under any other statutes; |
| 14. | Other matters deemed by the chairperson as necessary for reduction of greenhouse gas emissions, adaptation to climate crisis, just transition, and green growth. |
| (1) | The chairperson shall convene and preside over the meetings of the Committee. |
| (2) | A majority of the Committee members shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of the members present: Provided, That the Committee may deliberate and decide in writing in cases prescribed by Presidential Decree. |
| Article 18 (Disqualification of, Challenge to, or Recusal of, Committee Members) |
| (1) | A Committee member falling under any of the following subparagraphs shall be disqualified from deliberation and decision by the Committee: |
| 1. | Where a committee member or his or her current or former spouse becomes a party to the relevant case or is or was a joint right holder or a joint obligor to the case; |
| 2. | Where a committee member is or was a relative of a party to the case; |
| 3. | Where a committee member gives or gave any testimony, appraisal, or legal advice on the case; |
| 4. | Where a committee member engages or engaged as the agent of a party to the case. |
| (2) | If any circumstances indicate that it would be impractical to expect an impartial deliberation or decision from a committee member, a party to the case may file an application with the Committee for a challenge to the member, and the Committee shall decide on the challenge by resolution. In such cases, the member subject to challenge shall not participate in the resolution. |
| (3) | If a committee member falls under the grounds for disqualification referred to in any of the subparagraphs of paragraph (1), he or she shall voluntarily refrain from deliberation of the relevant agenda item. |
| Article 19 (Establishment of Subcommittees) |
| (1) | The Committee may have subcommittees or special committees within the Committee as prescribed by Presidential Decree to perform its duties efficiently. |
| (2) | A subcommittee shall be comprised of the committee members, and the chairperson of each subcommittee shall be elected by and from among members of the subcommittee. |
| (3) | Matters delegated by the Committee and deliberated and decided upon by a subcommittee or a special committee shall be deemed to have been deliberated and decided upon by the Committee. |
| (4) | Each subcommittee may have specialized committees to review agenda items for deliberation and resolution in advance and handle matters delegated by the Committee. |
| (5) | Matters necessary for the composition and operation of the subcommittees, special committees, and specialized committees under paragraphs (1) through (4) shall be determined by the chairperson following resolution by the Committee. |
| Article 20 (Investigation and Hearing of Opinions) |
| (1) | If necessary for operation of the Committee, subcommittees, and special committees, the Committee may make a request or conduct an investigation as follows: |
| 1. | A request for submission of data, documents, etc. to the head of the relevant central administrative agency; |
| 2. | A request for the attendance and statement of opinion by interested parties, expert witnesses, or relevant public officials; |
| 3. | On-site inspections by relevant administrative agencies, etc. |
| (2) | The head of the relevant central administrative agency may require public officials under his or her control or related experts to attend the Committee and state their opinions or submit necessary data, in relation to the transition to a carbon neutral society and green growth. |
| (1) | The secretariat shall be established under the jurisdiction of the Committee to handle administrative affairs. |
| (2) | The secretariat shall have one secretary general and necessary employees, and a public official in political service shall be the secretary general. |
| (3) | Other matters necessary for the organization, operation, etc. of the secretariat shall be prescribed by Presidential Decree. |
| Article 22 (Composition and Operation of 2050 Local Carbon Neutrality and Green Growth Committee) |
| (1) | A local government may have a 2050 Local Carbon Neutrality and Green Growth Committee to deliberate and decide on its key policies, plans, and implementation thereof for the transition to a carbon neutral society and promotion of green growth. |
| (2) | A local committee may have a secretariat to assist with the operation and affairs of the local committee in consultation with the head of the competent local government. |
| (3) | Matters necessary for the composition, operation, functions, etc. of a local committee shall be prescribed by municipal ordinance. |
| (4) | If no local committee has been established, a Mayor/Do Governor or the head of a Si/Gun/Gu may omit the deliberation or notification under Article 11 (3) (including cases applied mutatis mutandis pursuant to Article 12 (2)), 13 (2), 14 (2), and 40 (2) and (4). |
CHAPTER V GREENHOUSE GAS REDUCTION POLICY MEASURES
| Article 23 (Climate Change Impact Assessment) |
| (1) | Where the head of the relevant administrative agency or a business entity who formulates or implements a plan for a project subject to environmental impact assessment under the Environmental Impact Assessment Act conducts a strategic environmental impact assessment or an environmental impact assessment with regard to a plan or development project prescribed by Presidential Decree, such as a project emitting a massive amount of greenhouse gases, which is subject to a strategic environmental impact assessment or environmental impact assessment under Articles 9 and 22 of that Act, he or she shall include an analysis and assessment on the impacts the policies or development projects under his or her jurisdiction may have on climate change or the impacts the climate change may have on the policies or development projects (hereinafter referred to as “climate change impact assessment”), in the strategic environmental impact assessment or environmental impact assessment. |
| (2) | Where the head of the relevant administrative agency or a business entity requests the Minister of Environment to have consultation on a statement of a strategic environmental impact assessment or an environmental impact assessment report under Articles 16 and 27 of the Environmental Impact Assessment Act with regard to the plans or development projects for which a climate change impact assessment is conducted pursuant to paragraph (1), he or she shall also request the consultation on the review of climate impact assessment. |
| (3) | Upon receipt of a request for consultation under paragraph (2), the Minister of Environment shall review the results of climate impact assessment and may take measures, such as collecting necessary information or requesting such information from a business entity. |
| (4) | Matters necessary for the methods of conducting a climate change impact assessment under paragraph (1), the methods of review under paragraph (3), etc. shall be prescribed by Presidential Decree. |
[Enforcement Date: Sep. 25, 2022] Article 23
| Article 24 (Greenhouse Gas Reduction Cognitive Budget System) |
The State and local governments shall initiate a greenhouse gas reduction cognitive budget system, in which they analyze the impacts of budget and fund have on climate change and reflect the analysis results in the financial operation of the State and local governments, as prescribed by relevant statutes.
| Article 25 (Greenhouse Gas Emissions Trading System) |
| (1) | The Government shall operate a system for trading greenhouse gas emission permits by setting a cap on greenhouse gas emissions and taking advantage of market functions (hereinafter referred to as "emissions trading system") to achieve the national vision, mid- to long-term reduction targets, etc. more efficiently. |
| Article 26 (Greenhouse Gas Target Control in Public Sector) |
| (1) | In order to achieve the national vision and the mid- to long-term reduction targets, the Government may require institutions prescribed by Presidential Decree, such as the relevant central administrative agencies, local governments, City/Do offices of education, and public institutions (hereafter in this Article referred to as "public institutions, etc."), to set their own greenhouse gas emissions reduction targets, and may provide guidance and supervision on the progress thereof. |
| (2) | Public institutions, etc. shall comply with the targets set under paragraph (1) and submit annual performance records to the Government and disclose them. |
| (3) | The Government shall prepare a registry of performance records submitted under paragraph (2) and manage it in a systematic manner. |
| (4) | If the performance records of public institutions, etc. fall short of the targets under paragraph (1), the Government may order the public institutions, etc. to make improvements necessary for accomplishing the targets. In such cases, the public institutions, etc. shall set up a plan for improvement in compliance with the improvement order and implement the plan faithfully. |
| (5) | The National Assembly, the Court, the Constitutional Court, and the election commissions (hereafter in this Article referred to as "constitutional institutions, etc.") shall voluntarily set and implement their respective greenhouse gas emission reduction targets each year, and shall notify the Government of their performance results and disclose them. In such cases, the Government shall record the performance results notified in a registry and manage it in a systematic manner. |
| (6) | If it is necessary to enable public institutions, etc. to achieve the targets set under paragraph (1) and to implement the improvement plan under paragraph (4) smoothly, the Government may provide financial, taxation, management, and technical support, conduct fact-finding surveys and diagnosis, provide data and information, and establish a related information system, etc., and if it is necessary to enable the constitutional institutions, etc. to voluntarily set and implement the targets under paragraph (5), the Government may provide financial and technical support, data and information, etc. |
| (7) | Matters necessary for setting the greenhouse gas emission reduction targets under paragraph (1), fulfilling the targets and submitting and disclosing performance records thereof under paragraph (2), preparing and managing a registry under paragraph (3), issuing and implementing improvement orders under paragraph (4), setting the greenhouse gas emission reduction targets, notifying and disclosing performance results, and preparing and managing a registry under paragraph (5), etc. shall be prescribed by Presidential Decree. |
| Article 27 (Greenhouse Gas Target Control of Controlled Emitter) |
| (1) | The Government shall designate an entity that emits greenhouse gases in excess of the standard amount prescribed by Presidential Decree (hereinafter referred to as "controlled emitter"), and set and control a greenhouse gas reduction target to be attained within a commitment period prescribed by Presidential Decree, in consultation with the controlled emitter. |
| (2) | In order to designate a controlled emitter, the Government may request a controlled emitter and an entity expected to be a controlled emitter (hereafter in this Article referred to as "preliminary controlled emitter") to submit data for calculating the volume of greenhouse gas emissions for the recent three years. In such cases, a controlled emitter or a preliminary controlled emitter in receipt of a request for providing data shall comply with such request unless there is a compelling reason not to do so. |
| (3) | A controlled emitter shall comply with the targets under paragraph (1), and submit a detailed statement of greenhouse gas emissions (hereinafter referred to as "statement") to the Government after it has been verified by an external institution specialized in verification under Article 24-2 (1) of the Act on the Allocation and Trading of Greenhouse-Gas Emission Permits (hereinafter referred to as "verification institution”). In such cases, if the Government finds in an review of the statement submitted any matters requiring a revision or supplementation, the Government may request the controlled emitter to revise or supplement it, and the controlled emitter shall comply with such request unless there is a compelling reason not to do so. |
| (4) | The Government shall prepare a registry based on the statements submitted under paragraph (3) and manage it systematically, and may disclose the quantity of greenhouse gas emissions from each controlled emitter, whether it has achieved its targets, etc. In such cases, a controlled emitter may request non-disclosure, if it has any special reason to believe that such disclosure may seriously infringe on its rights or trade secrets. |
| (5) | Upon receiving a request for non-disclosure of information from a controlled emitter under the latter part of paragraph (4), the Government shall organize an examination committee to decide on whether to disclose such information, and shall notify the controlled emitter of the results within 30 days from receipt of the request for non-disclosure. |
| (6) | Where the performance of reducing greenhouse gas emissions by a controlled emitter falls short of the targets set under paragraph (1), the Government may issue an order for improvement for a specified period not exceeding one year. In such cases, the controlled emitter shall prepare and implement an improvement plan in accordance with the improvement order. |
| (7) | If necessary for a controlled emitter to achieve the targets set under paragraph (1) and implement an improvement plan under paragraph (6) without obstacles, the Government may provide it with financial, taxation, management, and technical support, conduct a fact-finding survey and diagnosis, provide data and information, and build a related information system. |
| (8) | Matters necessary for the designation of controlled entities and setting of greenhouse gas emission reduction targets under paragraph (1), observance of the targets, and submission, revision, and supplementation of statements under paragraph (3), management of a registry, scope and method of disclosure of information, and methods of requesting non-disclosure under paragraph (4), composition and operation of the examination committee and decision on disclosure of information under paragraph (5), improvement orders and implementation thereof under paragraph (6), etc. shall be prescribed by Presidential Decree. |
| Article 28 (Succession to Rights and Obligations of Controlled Emitters) |
| (1) | Where a controlled emitter is merged or divided, or transfers or leases the relevant place of business or facilities, a corporation established after a merger or division, or to a transferee or lessee shall succeed to the rights and obligations of the controlled emitter prescribed in this Act, at the time of transfer of the place of business or facilities that belong to the competent controlled emitter: Provided, That the same shall not apply where an entity that is obliged to succeed to such rights and obligations due to merge, division, acquisition by transfer, lease, etc. does not fall under the criteria for designation of a controlled emitter under paragraph 27 (1) in spite of succeeding to the rights and obligations. |
| (2) | A controlled emitter that has transferred its rights and obligations pursuant to paragraph (1) shall report such transfer to the Government within 15 days from the date of concluding a contract on the merge, division, acquisition by transfer, and lease, which led to the transfer: Provided, That if a controlled emitter which has transferred its rights and obligations no longer exists, a report shall be filed by the succeeding entity. |
| (3) | Matters necessary for the succession to the rights and obligations under paragraph (1), reporting under paragraph (2), etc. shall be prescribed by Presidential Decree. |
| Article 29 (Designation of Carbon Neutral Cities) |
| (1) | The State and local governments shall formulate and implement policies to create a city that embodies carbon neutrality in a spatial manner (hereinafter referred to as "carbon neutral city") by fully utilizing plans and technologies related to carbon neutrality. |
| (2) | The Government may designate a city which intends to implement the following projects as a carbon neutral city, directly or at the request of the head of a local government: |
| 1. | Projects for reducing greenhouse gases and enhancing energy self-sufficiency in cities; |
| 2. | Projects for preparing, expanding, and improving carbon sinks, etc. under Article 33 (1) in cities; |
| 3. | Conservation of the ecological network and restoration of the ecosystem in cities; |
| 4. | Creation of a resource-circulating city for coping with climate crisis; |
| 5. | Other projects necessary for coping with climate crisis, transition to a carbon neutral society, and improvement of the environmental quality in cities. |
| (3) | The head of a local government having jurisdiction over the carbon neutral city designated under paragraph (2) shall formulate and implement a carbon neutral city development project plan. |
| (4) | The Government may fully or partially subsidize expenses incurred in implementing a carbon neutral city development project. |
| (5) | The Government may designate an institution prescribed by Presidential Decree from among public institutions as a support organization, in order to formulate and implement a project plan under paragraph (3), inspect the progress of the project, conduct surveys and research therefor, etc. |
| (6) | Where a carbon neutral city designated under paragraph (2) no longer complies with the standards for designation prescribed by Presidential Decree, the Government may revoke its designation. |
| (7) | Matters necessary for the designation of a carbon neutral city, revocation of such designation, formulation and implementation of a carbon neutral city development project plan, designation of supporting organizations, revocation of such designation, etc. under paragraphs (2) through (6) shall be prescribed by Presidential Decree. |
| Article 30 (Support for Local Energy Conversion) |
| (1) | In order to cope with climate crisis, the Government shall formulate and implement policies to support energy conversion by local governments, such as devising measures to distribute and expand new and renewable energy in each region in accordance with the basic principles prescribed in Article 3. |
| (2) | The Government may fully or partially subsidize local governments, within the budget, for expenses incurred in implementing the policies to support energy conversion under paragraph (1). |
| Article 31 (Expansion of Green Buildings) |
| (1) | The Government shall formulate and implement policies to increase the number of buildings with high efficiency in energy use, high percentage of using new and renewable energy, and minimum greenhouse gas emissions (hereinafter referred to as "green buildings"). |
| (2) | The Government shall set and manage a mid- and long-term target and a periodic target for the buildings not below the criteria prescribed by Presidential Decree in order to reduce energy consumption and greenhouse gas emissions by the buildings. |
| (3) | The Government shall formulate and implement measures and standards for each stage of design, construction, maintenance, dismantling, etc. of buildings, such as enhancing design standards and construction permission and review, in order to minimize the consumption of energy and resources and reduce greenhouse gas emissions throughout the entire process of design, construction, maintenance, dismantling, etc. of buildings. |
| (5) | The Government may require newly constructed or renovated buildings to install and manage smart meters that can control and reduce energy consumption including power consumption. |
| (6) | The Government shall establish implementation plans to convert the buildings of the central administrative agencies, local governments, and public institutions, educational institutions, etc. prescribed by Presidential Decree into green buildings, and apply policy measures under paragraphs (1) through (5) to inspect and manage the implementation progress. |
| (7) | The Government shall proactively distribute green buildings in cases of developing a new city or re-developing cities in excess of a certain scale, as prescribed by Presidential Decree. |
| (8) | If necessary for expanding the number of green buildings, the Government may provide financial support as prescribed by Presidential Decree. |
| Article 32 (Revitalization of Green Transport) |
| (1) | The Government shall set and control greenhouse gas emissions reduction targets, etc. and formulate and implement a policy for phasing out the sale and operation of internal combustion engine vehicles as prescribed by Presidential Decree, in order to revitalize green transport which is a transport system boosting the efficient use of energy and minimizing greenhouse gas emissions. |
| (2) | The Government shall set the efficiency standards for average energy consumption for motor vehicles and the permissible levels of greenhouse gas emissions from motor vehicles, respectively, in order to promote energy conservation by improving the efficiency of average energy consumption for motor vehicles and to help maintain a pleasant and appropriate atmospheric environment by reducing greenhouse gases among motor vehicle exhaust gases. In such cases, a motor vehicle manufacturer referred to in Article 46 (1) of the Clean Air Conservation Act shall choose to comply with one of the efficiency standards for average energy consumption for motor vehicles and the permissible levels of greenhouse gas emissions from motor vehicles. |
| (4) | In order to facilitate the distribution of electric vehicles, etc. under paragraph (3), the Government may devise measures to adopt and expand related systems, such as financial and taxation support, research and development, mandating the purchase of electric vehicles, and setting a target for distributing low-pollution vehicles. |
| (5) | The Government shall continuously expand investment in railway to help it become the backbone of the national core transport network, expand means of public transportation, such as bus, subway, and light rail, and set and manage the mid- and long-term targets and phased targets for the modal share of railway transport and the modal share of public transportation. |
| (6) | In order to minimize greenhouse gases and air pollution, drastically reduce social costs incurred by traffic congestion, and fundamentally resolve traffic congestion in large cities, the Seoul metropolitan area, etc., the Government shall devise measures to control traffic demand including each of the following matters, as prescribed by Presidential Decree: |
| 1. | Improvement of the systems for traffic congestion charges and traffic inducement charges; |
| 2. | Expansion of exclusive lanes for buses and low-pollution vehicles and no-entry zones for passenger cars; |
| 3. | Expansion and establishment of a smart traffic information system that can disperse traffic efficiently; |
| 4. | Measures to introduce various means of transportation, such as the use of bicycles and facilitation of coastal shipping. |
| Article 33 (Expansion of Carbon Sinks) |
| (1) | The Government shall formulate and implement policy measures for creating or expanding carbon sinks, other biomass, etc. (hereinafter referred to as "carbon sinks, etc.”) under subparagraph 10 of Article 2 of the Act on the Management and Improvement of Carbon Sink, which absorb and store greenhouse gases (referring to the isolating of greenhouse gases absorbed from the atmosphere permanently or semi-permanently) in forest, farmland, wetlands, marsh, permanent abode, marine forest defined in subparagraph 6 of Article 2 of the Fishery Resources Management Act, and others or for improving the capacity of carbon sinks, etc. to absorb greenhouse gases. |
| (2) | The policy measures for creating and expanding carbon sinks, etc. and improving the capacity of absorbing greenhouse gases under paragraph (1) shall include the following matters: |
| 1. | Objectives and basic direction-setting for creating and expanding carbon sinks, etc. and improving the capacity of absorbing greenhouse gases; |
| 2. | Measures for evaluation and inspection of the current status of creating and expanding carbon sinks, etc. and the progress on improvement of the capacity of absorbing greenhouse gases; |
| 3. | Measures for protecting and conserving the health of the ecosystem, including biodiversity, when conducting projects for creating and expanding carbon sinks, etc. and improving the capacity of absorbing greenhouse gases; |
| 4. | Matters regarding compilation of information and statistics on greenhouse gas absorption; |
| 5. | Other matters necessary for creating and expanding carbon sinks, etc. and improving the capacity of absorbing greenhouse gases, such as research and development, training of professional human resources, financing, education, and public relations. |
| (3) | The Government may provide administrative, financial, and technical support necessary for a business entity to voluntarily create and expand carbon sinks, etc. |
| Article 34 (Fostering of Technology for Carbon Capture, Use, and Storage) |
| (1) | The Government shall formulate policy measures to support the development and growth of technology to capture and use or store carbon dioxide in the emission phase (hereinafter referred to as "technology for carbon capture, use, and storage") to contribute to achieving the national vision and the mid- to long-term reduction targets, etc. |
| (2) | Special cases for regulation, etc. for demonstration of technology for carbon capture, use, and storage shall be separately prescribed by other statutes. |
| Article 35 (Implementation of International Mitigation Projects) |
| (1) | Any person who intends to conduct a project for technology support, investment, purchase, etc. to attain the mitigation outcomes of greenhouse gas emissions pursuant to Article 6 of the Agreement (hereinafter referred to as "international mitigation project”) shall submit to the Government a project plan containing the details of the project, estimated greenhouse gas reductions, etc., and obtain prior approval thereof, as prescribed by Presidential Decree. |
| (2) | A person who has obtained prior approval under paragraph (1) (hereafter in this Article referred to as "project implementer") shall conduct monitoring to objectively prove the amount of greenhouse gas emission reductions attained from the relevant project, and shall prepare a monitoring report in a measurable, reportable, and verifiable manner, obtain verification from a verification institution, and report it to the Government. |
| (3) | A project implementer who has attained greenhouse gas reductions , which are deemed appropriate in light of the measurement, reporting, and verification manner under Article 6 of the Agreement (hereinafter referred to as "international mitigation outcomes"), through an international mitigation project shall report it to the Government without delay, and the Government shall register the reported international mitigation outcomes in the international mitigation register and manage it systematically: Provided, That if the details of report fail to comply with the standards of the Agreement, the Government may request supplementation thereto. |
| (4) | A project implementer may trade the registered international mitigation outcomes by transactions or other means, and when the mitigation outcomes are traded or extinguished, he or she shall report such fact to the Government: Provided, That a person who intends to transfer the international mitigation outcomes to abroad or into the Republic of Korea shall obtain prior approval from the Government. |
| (5) | The Government may utilize the registered international mitigation outcomes to achieve the mid- to long-term reduction targets, etc. |
| (6) | The Government may conduct an international mitigation project jointly with a foreign government, and may establish an international consultative body on mitigation projects in consultation with a foreign government implementing the joint project for deliberation on the following matters: |
| 1. | Approval of the implement method of projects; |
| 2. | Registration of international mitigation projects; |
| 3. | Transfer of international mitigation outcomes. |
| (7) | Matters necessary for the standards, methods, and procedures for prior approval under paragraph (1), preparation methods and verification procedures of monitoring reports under paragraph (2), reporting methods under paragraph (3), reporting methods and standards and procedures for prior approval under paragraph (4), etc. shall be prescribed by Presidential Decree. |
| Article 36 (Establishment of National Greenhouse Management System) |
| (1) | The Government shall establish and operate a National Greenhouse Management System for developing, analyzing, verifying, preparing, and managing various information and statistics related to greenhouse gases, such as the amount of greenhouse gas emission and absorption, and emission and absorption coefficient by country and region, and shall establish the Greenhouse Gas Inventory and Research Center (hereinafter referred to as the "GIR") within the Ministry of Environment. |
| (2) | The head of the relevant central administrative agency shall fully cooperate in ensuring that the National Greenhouse Management System under paragraph (1) is operated smoothly, by compiling ever year the data and statistics in the competent sector, such as energy, industrial process, agriculture, wastes, oceans and fisheries, and forestry, and submit them to the GIR. |
| (3) | A Mayor/Do Governor and the head of a Si/Gun/Gu shall fully cooperate in ensuring that the National Greenhouse Management System under paragraph (1) is operated smoothly, by compiling and submitting each year the relevant data and statistics for the calculation, analysis, etc. of regional statistics on greenhouse gas emissions, and the Government shall secure coherence between the national greenhouse gas emissions and the regional greenhouse gas emissions. |
| (4) | The Government shall spare no efforts to comply with the standards under the Agreement in developing, analyzing, verifying, compiling, and managing various data and statistics or establishing the National Greenhouse Management System under paragraph (1) to improve transparency, accuracy, completeness, consistency, and comparability. |
| (5) | The Government shall analyze and verify various data and statistics under paragraph (1), including national, sectoral, and regional greenhouse gas emissions and their estimated figures, and disclose the results thereof every year. |
| (6) | Matters necessary for the establishment of the National Greenhouse Management System, operation of the GIR, the scope of information and statistics subject to submission by the heads of the relevant central administrative agencies, Mayors/Do Governors, and the heads of Sis/Guns/Gus, and the development, analysis, verification, compilation, and management of the information and statistics, as well as the timing, methods, etc. for disclosure of various information and statistics under paragraphs (1) through (5), shall be prescribed by Presidential Decree. |
CHAPTER VI CLIMATE CRISIS ADAPTATION POLICY MEASURES
| Article 37 (Monitoring and Prediction of Climate Crisis) |
| (1) | The Government shall establish and operate a meteorological data management system to constantly measure and survey changes in concentration of greenhouse gases in the atmosphere, improve the capability to observe, forecast, provide information on, and utilize meteorological phenomena, and increase the accuracy of monitoring and predicting climate crisis, as prescribed by Presidential Decree. |
| (2) | The Government shall establish and operate a climate crisis adaptation data management system to investigate and assess the impacts of climate crisis on the ecosystem, biodiversity, atmosphere, water environments, public health, agriculture and food, forest, oceans and fisheries, industries, prevention of disasters, etc. and their vulnerability to climate crisis, risks, and social and economic ripple effects. |
| (3) | The Government may promote policy measures for surveys and research, technological development, support for specialized institutions, establishment of domestic and international cooperative systems, etc. for the establishment and operation of the meteorological data management system under paragraph (1) and the climate crisis adaptation data management system under paragraph (2). |
| (4) | Matters necessary for the establishment and operation of the meteorological data management system under paragraph (1) and the climate crisis adaptation data management system under paragraph (2), the promotion of policy measures under paragraph (3), etc. shall be prescribed by Presidential Decree. |
| Article 38 (Formulation and Implementation of National Climate Crisis Adaptation Measures) |
| (1) | The Government shall establish and implement national climate crisis adaptation measures (hereinafter referred to as "climate crisis adaptation measures") every five years. |
| (2) | Each climate crisis adaptation measure shall include the following matters: |
| 1. | Matters regarding enhancement of the capability to monitor, forecast, provide information on, and utilize climate crisis; |
| 2. | Matters regarding the sectoral and regional impacts on climate crisis and assessment of sectoral and regional vulnerability to climate crisis; |
| 3. | Matters regarding sectoral and regional climate crisis adaptation measures; |
| 4. | Matters regarding the prevention of disasters for vulnerable social groups, regions, etc. caused by climate crisis; |
| 5. | Matters regarding international agreements, etc. for adaptation to climate crisis; |
| 6. | Other matters prescribed by Presidential Decree as necessary for adaptation to climate crisis. |
| (3) | Where the climate crisis adaptation measures are established or modified, it shall be subject to deliberation by the Committee: Provided, That the same shall not apply where minor matters prescribed by Presidential Decree are modified. |
| (4) | The head of the relevant central administrative agency shall formulate and implement detailed action plans to perform the duties under his or her jurisdiction of climate crisis adaptation measures (hereinafter referred to as "detailed action plan for adaptation measures") more efficiently and systematically. |
| (5) | The Government may provide technical, administrative, and financial support necessary to ensure that the relevant central administrative agencies, local governments, public institutions, business entities, etc. strengthen their capabilities to adapt to climate crisis in line with the climate crisis adaptation measures. |
| (6) | Matters necessary for the formulation, implementation, modification, etc. of climate crisis adaptation measures and detailed action plans for adaptation measures under paragraphs (1) through (4) shall be prescribed by Presidential Decree. |
| Article 39 (Inspection of Implementation Progress of Climate Crisis Adaptation Measures) |
| (1) | The Government shall annually inspect the implementation progress of climate crisis adaptation measures and detailed action plans for climate crisis adaptation measures each year, and shall prepare a report on the inspection results and disclose it after deliberation by the Committee. |
| (2) | A report on the results under paragraph (1) shall include sectoral major adaptation measures and their performance records, major excellent cases on adaptation measures, and matters having poor performance and requiring improvement found in the inspection results under paragraph (1). |
| (3) | If deemed necessary for preparing a report on the results under paragraph (1), the Government may request the head of the relevant central administrative agency to submit related information or data, and the head of the relevant central administrative agency shall comply with such request, unless there is a compelling reason not to do so. |
| (4) | Where any matters have poor performance or require improvement under paragraph (2), the head of the relevant central administrative agency shall reflect such details in policies, etc. of the relevant agency. |
| (5) | Matters necessary for the methods, procedures, etc. for inspection under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 40 (Formulation and Implementation of Regional Adaptation Measures for Climate Crisis) |
| (1) | A Mayor/Do Governor and the head of a Si/Gun/Gu shall formulate and implement measures to adapt to climate crisis in districts under their respective jurisdictions (hereinafter referred to as "regional adaptation measures for climate crisis”) every five years, in consideration of the climate crisis adaptation measures, regional characteristics, etc. |
| (2) | In order to formulate or modify regional adaptation measures for climate crisis, a Mayor/Do Governor and the head of a Si/Gun/Gu shall submit them to the Local Committee for deliberation: Provided, That the deliberation may be omitted where minor matters prescribed by Presidential Decree are modified. |
| (3) | Where regional adaptation measures for climate crisis are formulated or modified, a Mayors/Do shall submit them to the Minister of Environment, the head of a Si/Gun/Gu shall submit them to the Minister of Environment and the competent Mayors/Do Governors, respectively, and the Minister of Environment shall compile the submitted regional adaptation measures for climate crisis and report it to the Committee. |
| (4) | A Mayor/Do Governor and the head of a Si/Gun/Gu shall inspect the implementation progress of regional adaptation measures for climate crisis, prepare a report on the inspection results, and submit it for deliberation by the Local Committee; and the Mayor/Do governor shall submit it to the Minister of Environment, the head of a Si/Gun/Gu shall submit it to the Minister of Environment and the competent Mayor/Do Governor, respectively, and the Minister of Environment shall report a compilation of them to the Committee. |
| (5) | Matters necessary for the formulation, implementation, modification, inspection, etc. of regional adaptation measures for climate crisis under paragraphs (1) through (4) shall be prescribed by Presidential Decree. |
| Article 41 (Public Institutions’ Adaptation Measures for Climate Crisis) |
| (1) | An institution prescribed by Presidential Decree, such as public institutions that have and manage the facilities vulnerable to climate crisis (hereinafter referred to as "vulnerable institutions") shall formulate and implement public institutions' measures for adaptation to climate crisis every five years in consideration of the climate crisis adaptation measures, characteristics of the competent facilities, etc. (hereinafter referred to as "public institutions' adaptation measures for climate crisis"), and shall prepare performance records every year. |
| (2) | Where the head of a vulnerable institution has formulated public institutions' adaptation measures for climate crisis or prepared performance records, he or she shall submit the results thereof to the Minister of Environment, the head of the relevant central administrative agency, and the head of the competent local government. |
| (3) | Matters necessary for the formulation and implementation of public institutions' adaptation measures for climate crisis, preparation of performance records thereof, etc. under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 42 (Implementation of Regional Climate Crisis Response Projects) |
| (1) | The State or local governments may implement regional climate crisis response projects to comprehensively and effectively cope with environmental pollution and damage being aggravated by climate change, and to protect and support vulnerable regions, social groups, etc. having difficulties in maintaining the existing industries like agriculture due to the changing natural environment, natural disasters, etc. caused by climate crisis. |
| (2) | The Government may fully or partially subsidize expenses incurred in implementing regional climate crisis response projects under paragraph (1). |
| (3) | The Government may designate an institution prescribed by Presidential Decree from among public institutions as a support organization to formulate and implement a plan for a regional climate crisis response project under paragraph (1), inspect the progress of such project, and conduct investigations and research thereon. |
| (4) | Matters necessary for the implementation of regional climate crisis response projects under paragraph (1) and the standards, procedures, etc. for the designation of support organizations and revocation thereof under paragraph (3) shall be prescribed by Presidential Decree. |
| Article 43 (Water Management for Coping with Climate Crisis) |
With the aim of efficiently coping with natural disasters, such as drought, flood, and heat wave, water shortage and water quality deterioration, and changes in the aquatic ecosystem, which are caused by climate crisis, and ensuring that every citizen equally benefits from water, the Government shall formulate and implement policy measures including the following matters:
| 1. | Supply of clean and safe drinkable water and securing of stable water resources in preparation for drought, etc.; |
| 2. | Conservation and management of the aquatic ecosystem and improvement of water quality; |
| 3. | Demand management including saving water, maintenance of water circulation system such as proactive rainwater management and reuse of sewage, and prevention of flood damage; |
| 4. | Eco-friendly conservation and restoration of rivers; |
| 5. | Development of technology for prevention and management of water pollution, provision of related services, etc. |
| Article 44 (Management of Green Homeland) |
| (1) | To conserve and manage the national land in a safe and sustainable manner against climate crisis (hereinafter referred to as "green homeland"), the Government shall reflect the matters regarding coping with climate crisis when formulating and implementing the following plans: |
| 3. | Other plans prescribed by Presidential Decree for the conservation and management of national land in a sustainable manner. |
| (2) | The Government shall prepare policy measures including the following matters, to create green homeland: |
| 1. | Reduction of greenhouse gas emissions from cities and agricultural and fishing villages, and improvement of the self-sufficiency of energy in each village and city and the cycling of resources; |
| 2. | Expansion of forests and green areas, and conservation of the ecological network and restoration of the ecosystem in multi-regional areas; |
| 3. | Maintenance and promotion of the ecosystem service in areas subject to development and urban areas; |
| 4. | Eco-friendly development, utilization, and conservation of farmland and ocean; |
| 5. | Eco-friendly construction of infrastructure facilities, such as roads, railroads, airports, and ports, and eco-friendly conversion of the existing facilities; |
| 6. | Expansion of eco-friendly transportation systems; |
| 7. | Minimization of damage to national land caused by natural disasters, such as climate disasters, and improvement of the resilience of national land. |
| (3) | When the Government formulates plans prescribed by Presidential Decree, such as a comprehensive national land plan, and a five-year balanced national development plan under the Special Act on Balanced National Development, it shall hear the opinion of the Committee in advance. |
| Article 45 (Promotion of Conversion of Agriculture, Forestry, and Fisheries) |
| (1) | The Government shall formulate and implement policy measures for conversion of agriculture, forestry, and fisheries to reduce greenhouse gas emissions generated in the course of producing crops, livestock, etc. and to ensure food security by coping with climate crisis, thereby contributing to the transition to a carbon neutral society. |
| (2) | Policy measures for conversion of agriculture, forestry, and fisheries under paragraph (1) shall include the following matters: |
| 1. | Matters regarding the conversion of the structure of agriculture, forestry, and fisheries, such as initiating precision agriculture and organic farming; |
| 2. | Matters regarding the development and distribution of technologies, equipment and materials, and facilities for reducing greenhouse gases in the fields of agriculture, forestry, and fisheries; |
| 3. | Matters regarding the reduction of usage of fossil fuels in the fields of agriculture, forestry, and fisheries, distribution of new and renewable energy, circulation of energy, and establishment of a self-reliance system; |
| 4. | Matters regarding the prediction of changing conditions of agriculture, forestry, and fisheries caused by climate crisis and enhancement of the food self-sufficiency rate through improvement, etc. of new varieties. |
| (3) | Where the Government formulates and implements a plan to develop agriculture, rural communities, and the food industry under Article 14 of the Framework Act on Agriculture, Rural Community and Food Industry, it shall reflect policy measures that can reduce greenhouse gas emissions and enhance their resilience to climate crisis. |
| Article 46 (Designation and Evaluation of Korea Adaptation Center for Climate Change) |
| (1) | The Minister of Environment may designate Korea Adaptation Center for Climate Change (hereinafter referred to as "KACCC") to support the formulation and implementation of climate crisis adaptation measures. |
| (2) | The KACCC shall conduct projects related to adaptation to climate crisis prescribed by Presidential Decree, including surveys and research to promote the climate crisis adaptation measures. |
| (3) | The Minister of Environment may evaluate the performance records, etc. of the KACCC. |
| (4) | The Minister of Environment may fully or partially subsidize the expenses incurred in conducting projects by the KACCC within the budget. |
| (5) | Matters necessary for the designation, projects, evaluation, etc. of the KACCC under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
CHAPTER VII JUST TRANSITION
| Article 47 (Preparation of Social Safety Network for Climate Crisis) |
| (1) | The Government shall figure out the current status of social groups vulnerable to climate crisis and regions and industries where socio-economic discrimination is being aggravated, such as job losses, impacts on the regional economy, and shall prepare support measures to alleviate such status and measures to strengthen the capability to prepare for disasters. |
| (2) | In order to minimize damage caused by conversion of projects and structural unemployment in the course of the transition to a carbon neutral society, the Government shall conduct a regular survey on the impacts on employment status, such as occurrence of unemployment, as prescribed by Presidential Decree, and shall prepare measures to support re-training, re-employment, change of occupation, etc. or to support living. |
| Article 48 (Designation of Special District for Just Transition) |
| (1) | The Government may designate any of the following areas as a special district for just transition (hereinafter referred to as "special district") following deliberation by the Committee: |
| 1. | An area in which the employment environment has changed or is likely to change significantly due to rapid job losses, regional economic slump, and changing industrial structures in the course of transition to a carbon neutral society; |
| 2. | An area meeting the requirements prescribed by Presidential Decree, which is expected to experience or has experienced rapid changes in the socio-economic environment in the course of transition to a carbon neutral society; |
| 3. | Any other area which the Committee deems it necessary to designate as a special district to resolve socio-economic imbalance that is likely to arise in the course of transition to a carbon neutral society. |
| (2) | The Government shall establish and implement measures for areas designated as special districts, including the following support: |
| 1. | Employment security, research and development, commercialization, domestic sale, and support for export for enterprises and micro enterprises; |
| 2. | Prevention of unemployment, and support for maintaining livelihoods and helping reemployment of unemployed persons; |
| 3. | Support for fostering new industries and attracting investment therein; |
| 4. | Support for a person who conducts business related to boost of employment; |
| 5. | Other administrative or financial support measures necessary to facilitate the conversion of industry and employment, or tax benefits prescribed by the Acts on taxation, such as the Restriction of Special Taxation Act. |
| (3) | If there are any grounds prescribed by Presidential Decree, such as where grounds for designation under paragraph (1) cease to exist, the Government may modify or revoke the designation of a special district, after deliberation by the Committee. |
| (4) | Matters necessary for the designation, modification, revocation of designation of a special district, and details, methods, etc. of support for a special district under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
| Article 49 (Support for Business Conversion) |
| (1) | Where a small or medium entrepreneur under Article 2 (1) of the Framework Act on Small and Medium Enterprises, among the enterprises engaged in the type of business which is prescribed by Presidential Decree as likely to be affected in the course of coping with climate crisis and transition to a carbon neutral society, requests for a conversion to a type of business in the green industry, the Government may provide support therefor. |
| (2) | Matters necessary for eligibility for support for business conversion under paragraph (1), business types falling in the green industry, selection procedures, kinds and scope of support, etc. shall be prescribed by Presidential Decree. |
| Article 50 (Minimization of Risk of Property Loss) |
| (1) | The Government shall evaluate the impacts of the transition to a carbon neutral society on the operation of an enterprise, whose greenhouse gas emissions meet or exceed the criteria prescribed by Presidential Decree, such as the decline in the value of existing assets, and shall formulate policy measures for support to minimize property loss, such as early business conversion. |
| (2) | The Government shall prepare a system that requires economic entities, such as enterprises, to transparently publish and disclose the risk of property loss due to climate crisis, for the protection of investors, etc. |
| Article 51 (Support for Ensuring Citizen Participation) |
| (1) | The Government may provide administrative and financial support necessary under Articles 52 and 53 of the Administrative Procedures Act in order to ensure citizens' participation in the course of establishing and implementing policies for the transition to a carbon neutral society and to reflect proposed opinions through the platforms for policy proposals by the State and local governments. |
| (2) | Matters necessary for the scope, methods, etc. of support under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 52 (Activation of Cooperatives) |
| (1) | The Government may provide administrative, financial, and technical support for the activities of the cooperatives and social cooperatives prescribed in subparagraphs 1 and 3 of Article 2 of the Framework Act on Cooperatives in order to ensure a just and fair sharing of benefits generated in the course of energy conversion, such as distribution and spread of new and renewable energy, and the transition to a carbon neutral society. |
| (2) | Matters necessary for the scope, methods, etc. of support under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 53 (Establishment of Just Conversion Support Center) |
| (1) | The State and local governments may establish and operate a just transition support center (hereinafter referred to as "transition center"), in consideration of the characteristics of the industries and regions experiencing the aggravation of social and economic inequalities, such as job losses and slump of the local economy, in the course of transition to a carbon neutral society. |
| (2) | The business affairs of the conversion center shall be as follows: |
| 1. | Fact-finding surveys on the impacts on jobs and local communities caused by transition to a carbon neutral society; |
| 2. | Measures for the conversion of industry, labor, and local economy, and research and support for job conversion model; |
| 3. | Education and training for conversion of jobs, including reemployment and change of careers, and support for employment; |
| 4. | Consulting and support for business conversion of enterprises, such as the conversion of business type; |
| 5. | Proposal of improvement of relevant statutes, regulations, and systems; |
| 6. | Other matters prescribed by Presidential Decree to support vulnerable areas and social groups in the course of transition to a carbon neutral society. |
| (3) | The State or local governments may subsidize budgets for establishment and operation of conversion centers. |
| (4) | Matters necessary for the establishment, operation, etc. of conversion centers under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
[Enforcement Date: Jul. 1, 2022] Article 53
CHAPTER VIII POLICIY MEASURES FOR GREEN GROWTH
| Article 54 (Fostering of and Support for Green Economy and Green Industries) |
In order to enhance the soundness and competitiveness of the national economy by materializing the green economy, and to foster and support a new green industry with high growth potential, the Government shall formulate policy measures, including each of the following matters:
| 1. | Matters regarding economic conditions and prospects home and abroad; |
| 2. | Matters regarding a phased conversion of the existing industry to green industry; |
| 3. | Matters regarding mid- and long-term targets and phased targets, and execution strategies to promote green industry; |
| 4. | Matters for fostering and supporting green industries as new growth engines; |
| 5. | Matters regarding the conversion of existing national infrastructure, including electricity, information and communications, transport into environmentally-friendly facilities; |
| 6. | Matters regarding fostering of the counseling service industry for green management under Article 55; |
| 7. | Matters regarding training of human resources for green industry and job creation; |
| 8. | Other matters for facilitating green economy and green industries. |
| Article 55 (Facilitation of Green Management of Enterprises) |
In order to support and facilitate enterprises to save and use resources and energy efficiently, minimize greenhouse gas emissions and environmental pollution, and take social and ethical responsibilities in their business activities (hereinafter referred to as "green management"), The Government shall formulate and implement policy measures, including the following matters:
| 1. | Technical support for conversion to an environmentally-friendly production system; |
| 2. | Disclosure of the amount of greenhouse gas emissions, performance of greenhouse gas reductions, and plans for greenhouse gas reduction of enterprises; |
| 3. | Disclosure of enterprises' achievements in green management, including efficient use of energy and resources, creation of forests, conservation of the natural environment, and information on sustainable development; |
| 4. | Support for green management of small and medium enterprises and promotion of commercialization of green technology; |
| 5. | Support for guidance, transfer, and dispatch of human resources for green technology by large companies to small and medium enterprises; |
| 6. | Support for joint development of green technology by large companies and small and medium enterprises; |
| 7. | Training and securing of professional human resources in green technology and green industries and advancement into overseas markets; |
| 8. | Other matters regarding facilitation of green technology and green management of enterprises. |
| Article 56 (Facilitation of Research, Development, and Commercialization of Green Technology) |
| (1) | In order to facilitate research, development, commercialization, etc. of green technology, the Government shall formulate and implement policy measures, including the following: |
| 1. | Collection, analysis, and provision of information related to green technology; |
| 2. | Development and distribution of evaluation techniques of green technology; |
| 3. | Financial support for the facilitation of research, development, commercialization, etc. of green technology; |
| 4. | Fostering of professional human resources and international cooperation, etc. for green technology. |
| (2) | The Government shall promptly promote the transition to a knowledge-based green economy by facilitating convergence of green technology with other technology areas, such as information and communications technology, nano-technology, and bio-technology, and by turning green technology into intellectual property. |
| Article 57 (Operation of Taxation System) |
The Government shall operate the taxation system in the direction of reducing goods and services that generate greenhouse gases and pollutants or have a low efficiency rate in the use of energy and resources and of facilitating environment- and climate-friendly goods and services, in order to effectively cope with climate crisis and depletion of energy and resources.
| Article 58 (Financial Support and Revitalization) |
| (1) | The Government shall formulate and implement financial policy measures, including schemes to create financial resources, provide support funds, develop financial instruments, revitalize private investment, strengthen the publication system of information on carbon neutrality, and reinvigorate trade in the carbon market, for the purpose of coping with climate change, such as the transition to a carbon neutral society, and promotion of green growth. |
| (2) | Matters regarding the promotion of finance for coping with climate crisis under paragraph (1) shall be separately prescribed by statutes. |
| Article 59 (Support for and Special Cases concerning Green Technology and Green Industries) |
| (1) | The State or local governments may provide support, such as subsidies, as may be necessary for green technology and green industries within budgetary limits. |
| (2) | The Korea Credit Guarantee Fund established pursuant to the Credit Guarantee Fund Act and the Korea Technology Finance Corporation established pursuant to the Korea Technology Finance Corporation Act may provide credit guarantees preferentially to green technology and green industries or provide them with preferential conditions for credit guarantee. |
| (5) | The Committee shall survey the grievances of enterprises, research institutes, etc. related to green technology or green industry every year, and where any matters requiring correction, such as unreasonable regulation, are found, it may recommend the relevant institutions to take corrective measures or present its opinions. |
| (6) | Matters necessary for investigation of grievances, recommendation for correction, presentation of opinions, etc. under paragraph (5) shall be prescribed by Presidential Decree. |
| Article 60 (Standardization and Certification of Green Technology and Green Industries) |
| (1) | The Government may establish a foundation for standardization to ensure that green technology and green industries already developed or being developed within the country comply with the international standards under subparagraph 2 of Article 3 of the Framework Act on National Standards, and may provide support necessary for activities, etc. for the international standardization of green technology and green industries. |
| (2) | In order to promote the development of green technology and green industries, the Government may grant certification of the conformity to green technology and green products, etc. under Article 66 (4), accredit enterprises with the high ratio of green technology or high sales of green products under Article 66 (4) (hereinafter referred to as "specialized green enterprise"), impose an obligation on public institutions and others prescribed by Presidential Decree to purchase green products, and provide technical guidance on green technology. |
| (3) | The Government shall revoke the certification of conformity or the accreditation of a specialized green enterprise under paragraph (2) in any of the following cases: |
| 1. | Where a person obtains the certification or accreditation by fraud or other improper means; |
| 2. | Where the certification or accreditation is deemed improper due to a serious defect. |
| (4) | Matters necessary for the standardization, certification and accreditation, revocation thereof, etc. under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
| Article 61 (Development of Cluster and Complex of Green Technology and Green Industries) |
| (1) | The Government may develop a cluster or complex for the joint research and development of green technology, common utilization of facilities and equipment, and establishment of networks connecting industrial sectors, academic circles, and research institutes, or may provide support for the development project of such cluster and complex. |
| (2) | Where a project under paragraph (1) is implemented, the following matters shall be taken into consideration: |
| 1. | Matters regarding the current status of industrial clustering in each cluster and complex; |
| 2. | Matters regarding strengthening of research and development competence of enterprises, universities, research institutes, etc. and interconnection therefor; |
| 3. | Matters regarding expansion of industrial clustering infrastructure and attraction of excellent human resources for green technology and green industries; |
| 4. | Business implementation system and plans for raising funds for green technology and green industries; |
| 5. | Matters regarding establishment of an efficient energy use system and arrangement of plans for procurement of new and renewable energy to meet the demand for energy in clusters and complex. |
| (3) | The Government may require an institution or organization prescribed by Presidential Decree to develop a cluster or complex for green technology or green industries, with the aim of developing green technology and green industry. |
| (4) | The Government may fully or partially contribute to expenses incurred by an institution or organization under paragraph (3) in performing a project for developing a cluster or complex for green technology or green industries under that paragraph. |
| Article 62 (Job Creation of Green Technology and Green Industries) |
| (1) | The Government shall create and expand jobs for green technology and green industries so that many citizens can benefit in the course of transition to a carbon neutral society and promotion of green growth. |
| (2) | The Government may provide financial and technical support to enterprises and citizens within the budget, to facilitate efficient mobility and conversion of manpower in each industrial sector in the course of creating jobs for green technology and green industries, to increase opportunities for citizens to learn new technology, and to create job opportunities related to green technology and green industries. |
| Article 63 (Policy Measures for Information and Communications Technology and Services) |
| (1) | In order to reduce greenhouse gas emissions, save energy, and improve energy use efficiency by actively utilizing information and communications technology and services, the Government shall formulate and implement policy measures for information and communications technology and services, including the following matters: |
| 1. | Expansion of the foundation for information and communications, such as broadcasting and communications networks; |
| 2. | Development and distribution of new information and communications services; |
| 3. | Promotion of development of green technology for the information and communications industry and the devices, etc. therefor. |
| (2) | The Government shall formulate and implement policy measures for broadcasting and communications to spread the green life under Article 67 (1), such as promoting home working, virtual conference, remote education, and remote medical treatment. |
| (3) | The Government shall develop and upgrade smart electricity networks using the information and communications technology, to provide high quality electricity services, optimize energy use efficiency, and reduce greenhouse gases drastically. |
| Article 64 (Revitalization of Circular Economy) |
The Government shall formulate and implement policy measures which include the following matters, to minimize the input of energy and resources by improving the sustainability of products and establishing the circular networks of abandoned resources, thereby revitalizing an eco-friendly economic system to simultaneously realize the preservation of the ecosystem and mitigation of greenhouse gas emissions (hereafter in this Article referred to as "circular economy"):
| 1. | Matters regarding enhancing the circular performance of materials, fuels, etc. used in the manufacturing process; |
| 2. | Matters regarding establishing the foundation for the use of sustainable products and expanding their use; |
| 3. | Matters regarding revitalizing the selecting and recycling system of wastes and the re-manufacturing industry; |
| 4. | Matters regarding collecting and utilizing biomass, such as timber, plants, and agricultural products used as energy resources; |
| 5. | Matters regarding enhancing monitoring of resources, such as establishment of a national management system of statistics on resources. |
CHAPTER IX TRANSITION TO CARBON NEUTRAL SOCIETY AND SPREAD OF GREEN GROWTH
| Article 65 (Local Governments' Action Alliance for Carbon Neutrality) |
| (1) | In order to promote local governments’ voluntary activities to cope with climate crisis and mutual cooperation among them for the transition to a carbon neutral society and promotion of green growth, a local government may organize and operate the Local Governments' Action Alliance for Carbon Neutrality (hereinafter referred to as the "Action Alliance") with the participation of the heads of local governments. |
| (2) | The Action Alliance may designate more than one representative among the heads of local governments participating in the Action Alliance, for the smooth cooperation and systematic promotion of projects. |
| (3) | The Action Alliance shall endeavor to achieve each of the following matters: |
| 1. | Achieving carbon neutrality by 2050; |
| 2. | Reaching a social agreement and building a consensus on the transition to a carbon neutral society; |
| 3. | Finding and providing support for projects for achieving carbon neutrality; |
| 4. | Practicing and disseminating a leading climate-responsive action for facilitating the transition to a carbon neutral society; |
| 5. | Mutual communication and joint cooperation for reducing greenhouse gases and adapting to climate crisis; |
| 6. | Other matters determined by mutual agreement among the heads of local governments participating in the Action Alliance, which are necessary for coping with climate crisis, such as reduction of greenhouse gas emissions, adaptation to climate crisis, and green growth. |
| (4) | A secretariat shall be established to support the activities of the Action Alliance. |
| (5) | Matters necessary for the organization, operation, etc. of the Action Alliance under paragraph (1), the organization, operation, etc. of a secretariat under paragraph (4), etc. shall be prescribed by Presidential Decree. |
| Article 66 (Spread of Production and Consumption Cultures for Transition to Carbon Neutral Society and Green Growth) |
| (1) | The Government shall formulate and implement policy measures for the saving and efficient use of energy and resources and the mitigation of greenhouse gas emissions throughout the entire process of production, consumption, transportation, and disposal (hereinafter referred to as "production, etc.") of goods. |
| (2) | The Government shall ensure that the energy consumption, greenhouse gas emissions, etc. are reasonably linked to and reflected in the price of goods and services and the accurate information thereon is disclosed and delivered to consumers, in order to expand and enhance the consumers' right to choose. |
| (3) | The Government may establish and operate an information management system through which consumption of energy and resources, emissions of greenhouse gases and pollutants, etc. throughout the entire process of production, etc. of goods can be analyzed and evaluated and data on the results of analysis and evaluation can be accumulated and used. |
| (4) | The Government shall formulate and implement policy measures that require producers, sellers, etc. of goods to indicate and disclose the information or grade on the amount of greenhouse gas emissions and pollutants generated in the process, etc. of producing the goods to help consumers easily recognize such information or grade, in order to promote and spread the use and consumption of products that minimize the input of energy and resources and the generation of greenhouse gases and pollutants (hereinafter referred to as "green product"). |
| (5) | The Government may establish a cooperative system with enterprises as prescribed by Presidential Decree and provide incentives by utilizing credit cards, etc. under subparagraph 3 of Article 2 of the Specialized Credit Finance Business Act, in order to promote the production and consumption cultures for the transition to a carbon neutral society and promotion of green growth. |
| Article 67 (Support, Education, and Public Relations for Green Life Campaign) |
| (1) | The Government shall formulate policy measures to support a life of minimizing the generation of greenhouse gases and pollutants through saving of energy and resources and conversion of consumption toward green products in citizens’ everyday life from production to consumption to activities, etc. (hereinafter referred to as "green life"), establish a cooperative system aimed at carbon neutrality with local governments, enterprises, private organizations, etc., and reinforce education and public relations, thereby aggressively spreading a national green life campaign. |
| (2) | The Government may provide relevant private organizations, institutions, etc. with necessary financial and administrative support to ensure the green life campaign is spread as a voluntary practice movement driven by the private sector. |
| (3) | The Government may implement the following programs for the spread of a green life: |
| 1. | Programs to provide incentives to house or commercial buildings according to the reduction level of usage of electricity, water supply, urban gas, etc.; |
| 2. | Programs to provide incentives based on the reduction rate of annual mileage of passenger vehicles and buses for passengers; |
| 3. | Other programs prescribed by Presidential Decree as necessary to increase public awareness of the transition to a carbon neutral society and green growth and to support their practice. |
| (4) | The Government shall expand education and public relations for the transition to a carbon neutral society and green growth to encourage business entities, citizens, etc. to voluntarily participate in relevant policies and activities and practice green life in their everyday life. |
| (5) | The Government shall strengthen school education, such as developing teaching materials including curriculum books and training teachers, reinforce an integrated education linked to general cultural education, vocational education, basic lifelong education courses, etc., and implement a program for training and supporting professional human resources relating to the transition to a carbon neutral society and green growth, in order to ensure that citizens in all generations can practice green life. |
| (6) | The Government shall strengthen education and public relations activities through mass media, including newspapers, broadcasting, and Internet portal, so as to facilitate the settlement and spread of green life. |
| (7) | Public broadcasting shall spare no efforts to produce and broadcast programs for coping with climate crisis and to promote public service announcement related to climate crisis. |
| Article 68 (Establishment of Carbon Neutrality Support Center) |
| (1) | The head of a local government may establish or designate and operate a carbon neutrality support center in the competent region as prescribed by Presidential Decree, in order to support the transition to a carbon neutral society and promotion of green growth by formulating and implementing regional plans for carbon neutrality and green growth and promoting energy conversion, etc. |
| (2) | The carbon neutrality support center under paragraph (1) shall perform the following affairs: |
| 1. | Support for the formulation and implementation of City/Do plans or Si/Gun/Gu plans; |
| 2. | Support for the formulation and implementation of regional adaptation measures for climate crisis; |
| 3. | Promotion of energy conversion by each local government and development and spread of energy conversion models; |
| 4. | Other affairs prescribed by Presidential Decree, which are necessary for the transition to a carbon neutral society and promotion of green growth in the competent region. |
| (3) | If a carbon neutrality support center designated pursuant to paragraph (1) fails to meet the standards for designation prescribed by Presidential Decree, the head of the competent local government may revoke its designation. |
| (4) | The head of the relevant central administrative agency may provide financial support in the competent sector to the carbon neutrality support center under paragraph (1) within the budget. |
| (5) | Matters necessary for designation of a carbon neutrality support center and revocation thereof under paragraphs (1) and (3) shall be prescribed by Presidential Decree. |
[Enforcement Date: Jul. 1, 2022] Article 68
CHAPTER X ESTABLISHMENT AND OPERATION OF CLIMATE RESPONSE FUND
| Article 69 (Establishment of Climate Response Fund) |
| (1) | The Government shall establish the Climate Response Fund (hereinafter referred to as the "Fund") to secure financial resources necessary to effectively cope with climate crisis and facilitate the transition to a carbon neutral society and promotion of green growth. |
| (2) | The Fund shall consist of the following financial resources: |
| 1. | Contributions from the Government; |
| 2. | Contributions or donations from any person other than the Government; |
| 3. | Money transferred from other accounts and funds; |
| 4. | Money transferred from general accounts under Article 71; |
| 5. | Loans from financial institutions, other funds, and other financial resources under paragraph (3); |
| 8. | Profits earned from the operation of the Fund; |
| 9. | Other revenues prescribed by Presidential Decree. |
| (3) | If a shortage of funds occurs or is expected to occur when making expenditures from the Fund, the Government may take out a loan from other financial institutions, other funds, or any other financial resources at the expense of the Fund. |
| (4) | A local government may establish a local climate response fund as prescribed by municipal ordinance, to promote projects for coping with climate crisis according to each regional characteristics. |
[Enforcement Date: Jan. 1, 2022] Article 69
| Article 70 (Purposes of Fund) |
The Fund shall be used for any of the following purposes:
| 1. | Creation and operation of the Government's foundation for reducing greenhouse gases; |
| 2. | Support for conversion of industries, labor, and local economy, and greenhouse gas reduction activities of enterprises, for the transition to a carbon neutral society and promotion of green growth; |
| 3. | Support for conversion and creation of jobs in the regions with worsening social and economic conditions, or for workers and social groups suffering, in the course of coping with climate crisis; |
| 4. | Research and development, and training of human resources, of green technology for coping with climate crisis; |
| 5. | Loan, investment, or other financial support necessary for coping with climate crisis; |
| 6. | Education and public relations for coping with climate crisis; |
| 7. | International cooperation for coping with climate crisis; |
| 8. | Repayment of the principal and interest of loans; |
| 10. | Disbursement of expenses to establish, operate, and manage the Fund; |
| 11. | Other purposes prescribed by Presidential Decree for coping with climate crisis. |
[Enforcement Date: Jan. 1, 2022] Article 70
| Article 71 (Money Transferred from General Accounts) |
The Government shall transfer the amount equivalent to 70/1,000 of traffic, energy, and environment taxes under the Traffic, Energy and Environment Tax Act from general accounts to the Fund every fiscal year. [Enforcement Date: Jan. 1, 2022] Article 71
| Article 72 (Operation and Management of Fund) |
| (1) | The Minister of Economy and Finance shall operate and manage the Fund. |
| (2) | The Minister of Economy and Finance may entrust part of the affairs for the operation and management of the Fund to a corporation or organization designated by the Minister of Economy and Finance. |
| (3) | If necessary for the efficient operation and management of the Fund, the Minister of Economy and Finance may conduct an accounting by establishing a separate account as prescribed by Presidential Decree. |
| (4) | In order to deliberate on comprehensive matters regarding the operation and management of the Fund, a Deliberative Council on Fund Management shall be established under the jurisdiction of the Minister of Economy and Finance pursuant to Article 74 of the National Finance Act. |
| (5) | The Minister of Economy and Finance may report to the Committee important matters prescribed by Presidential Decree concerning the operation and management of the Fund. |
| (6) | Other matters necessary for the operation and management of the Fund shall be prescribed by Presidential Decree. |
[Enforcement Date: Jan. 1, 2022] Article 72
| Article 73 (Accounting Agency of Fund) |
| (1) | The Minister of Economy and Finance shall appoint fund revenue-collection officials, fund financial officials, fund disbursing officials, and fund accounting officials from among public officials under his or her jurisdiction to assign them the administrative affairs related to the revenue and expenditure of the Fund. |
| (2) | Where the Minister of Economy and Finance entrusts an institution with the administrative affairs regarding the management and operation of the Fund pursuant to Article 72 (2), the Minister shall appoint an executive officer in charge of the fund revenue and an executive officer in charge of encumbrance of the Fund from among the executive officers of the institutions entrusted with such affairs, and a fund disbursement officer and a fund accounting officer from among the employees of the institutions, respectively. In such cases, the executive officer in charge of the fund revenue shall perform the duties of the fund revenue-collection official, the executive officer in charge of encumbrance of the Fund shall perform the duties of the fund financial official, the fund disbursement officer shall perform the duties of the fund disbursement official, and the fund accounting officer shall perform the duties of the fund accounting official, respectively. |
[Enforcement Date: Jan. 1, 2022] Article 73
| Article 74 (Disposal of Profits and Losses) |
| (1) | Where any profit accrues upon the settlement of the Fund accounts, all such profits shall be accumulated as a reserve. |
| (2) | Where any loss accrues upon the settlement of the Fund accounts, the loss shall be made up for from the reserve under paragraph (1), and where the reserve is insufficient, the Government may make up for the shortfall from general accounts. |
[Enforcement Date: Jan. 1, 2022] Article 74
CHAPTER XI SUPPLEMENTARY PROVISIONS
| Article 75 (Strengthening of International Cooperation) |
| (1) | The Government shall formulate various policy measures to strengthen international cooperation with foreign governments and international organizations, such as information exchange, technical cooperation and standardization, and joint survey and research on coping with climate crisis. |
| (2) | The Government shall endeavor to faithfully assume its responsibilities as a member of the international community, by helping developing countries to cope with climate crisis through financial support, etc. |
| (3) | The Government shall devise necessary measures such as providing information and financial support to local governments, civic groups, etc. to facilitate international cooperation activities related to coping with climate crisis. |
| Article 76 (Response to International Standards) |
| (1) | The Government shall collect, survey, and analyze the international trends and information on the programs and policies for coping with climate crisis that any foreign government or international organization intends to establish or adopt, and shall prepare proper countermeasures, such as improving related programs and policies more reasonably and establishing a supportive program therefor. |
| (2) | The Government shall fully provide enterprises and citizens with matters regarding the trends, information, and countermeasures under paragraph (1), to improve their capabilities to cope with climate crisis. |
| Article 77 (Preparation of National Reports) |
| (1) | The Government may prepare and update the following reports, in accordance with the United Nations Framework Convention on Climate Change (hereinafter referred to as the "Convention") and the Agreement: |
| 1. | National reports under the Convention; |
| 2. | Reports on Nationally Determined Contributions (NDC) under the Agreement; |
| 3. | Biennial transparency reports under the Agreement; |
| 4. | Adaptation reports under the Agreement; |
| 5. | Other reports prescribed by Presidential Decree, which are under the Convention or Agreement. |
| (2) | The Government may request the head of the relevant central administrative agency and the head of a local government to submit data necessary for preparing reports under paragraph (1), and the head of the relevant central administrative agency shall comply with such request, unless there is a compelling reason not to do so. |
| (3) | When the Government intends to submit reports under paragraph (1) to the Conference of the Parties of the Convention, it shall submit the reports to the Committee for deliberation. |
| (4) | Matters necessary for the preparation of reports and submission of data under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
| Article 78 (Reporting to the National Assembly) |
| (1) | When the Government formulates or modifies the national framework plan, it shall report it to the National Assembly without delay: Provided, That the same shall not apply where minor matters prescribed by Presidential Decree are modified. |
| (2) | When a Mayor/Do Governor or the head of a Si/Gun/Gu formulates or modifies a City/Do plan or a Si/Gun/Gu plan, he or she shall report it to a local council without delay: Provided, That the same shall not apply where minor matters prescribed by Presidential Decree are modified. |
| (3) | The Committee shall report the inspection results of the implementation progress of the national framework plan under Article 13 (1) to the National Assembly every year, and the Mayor/Do Governor or the head of a Si/Gun/Gu shall report the inspection results of the implementation progress of the City/Do plans or Si/Gun/Gu plans under paragraph (2) of that Article to the local council every year. |
| (4) | Matters necessary for the timing, methods, etc. for reporting to the National Assembly and local councils under paragraphs (1) through (3) shall be prescribed by Presidential Decree. |
| Article 79 (Designation of Chief Officer of Compliance with Carbon Neutrality) |
| (1) | In order to ensure a smooth transition to a carbon neutral society and promotion of green growth, the head of a central administrative agency, a Mayor/Do Governor, or the head of a Si/Gun/Gu shall designate a chief officer of compliance with carbon neutrality from among public officials under his or her jurisdiction. |
| (2) | Matters necessary for the requirements for designation, duties, etc. of a chief officer of compliance with carbon neutrality under paragraph (1) shall be prescribed by Presidential Decree. |
Where the Government intends to take any of the following dispositions, it shall hold a hearing:
| 1. | Revocation of designation under Article 29 (6); |
| 2. | Revocation of designation of a supporting organization under Article 29 (7); |
| 3. | Revocation of designation under Article 42 (4); |
| 4. | Revocation of certification of conformity or accreditation of a specialized green enterprise under Article 60 (3); |
| 5. | Revocation of designation under Article 68 (3). |
| Article 81 (Delegation and Entrustment of Authority) |
| (1) | The head of a central administrative agency may delegate part of his or her authority under this Act to the head of a local government or the head of an affiliated agency, as prescribed by Presidential Decree. |
| (2) | The head of a central administrative agency may entrust part of the affairs under this Act to a public institution or an institution prescribed by Presidential Decree which is specializing in coping with climate crisis, as prescribed by Presidential Decree. |
| Article 82 (Legal Fiction as Public Officials for Purposes of Applying Penalty Provisions) |
| 1. | Members who are not public officials, among members of the Committee, local committees, or special committees or specialized committees under Article 19 (1) and (4); |
| 2. | A person engaged in the affairs entrusted under Article 81 (2). |
| Article 83 (Administrative Fines) |
| (1) | Any of the following persons shall be subject to an administrative fine of not more than 10 million won: |
| 1. | A person who fails to submit data necessary for calculating greenhouse gas emissions in violation of Article 27 (2) or submits false data; |
| 2. | A person who fails to submit specifications in violation of Article 27 (3) (including submission after revising and supplementing statements pursuant to the latter part of that paragraph; hereinafter the same shall apply) or submits a false statement; |
| 3. | Any person who fails to implement an improvement order in violation of Article 27 (6). |
| (2) | An administrative fine under paragraph (1) shall be imposed and collected by the head of a relevant administrative agency, as prescribed by Presidential Decree. |
ADDENDA <Act No. 18469, Sep. 24, 2021>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That Articles 69 through 74 shall enter into force on January 1, 2022, Articles 53 and 68 shall enter into force on July 1, 2022, and Article 23 shall enter into force one year after the date of its promulgation. Article 2 (Repeal of Other Statutes)
Article 3 (Applicability to Timing for Formulating Plans)
| (1) | The national strategy under Article 7 (2) shall be formulated within one year from the date this Act enters into force. |
| (2) | The first national framework plan under Article 10 (1) shall be formulated within one year from the date this Act enters into force. |
| (3) | The first City/Do plan under Article 11 (1) shall be formulated within one year from the date the national framework plan under this Act is formulated. |
| (4) | The first Si/Gun/Gu plan under Article 12 (1) shall be formulated within one year from the date the relevant City/Do plan under this Act is formulated. |
| (5) | The first public institutions’ adaptation measures for climate crisis under Article 41 (1) shall be formulated within one year from the date of this Act enters into force. |
Article 4 (Applicability to Evaluation of Impacts of Climate Change)
Article 23 shall begin to apply to cases where a preparatory statement for assessment is prepared pursuant to Article 11 or 24 of the Environmental Impact Assessment Act after the enforcement date under the proviso of Article 1 of the Addenda. Article 5 (Special Cases concerning External Verification Institutions)
Article 6 (Transitional Measures concerning National Framework Plans)
A master plan for coping with climate change formulated under the previous Framework Act on Low Carbon, Green Growth as at the time this Act enters into force shall be deemed a national framework plan under this Act until the national framework plan under this Act is formulated for the first time. Article 7 (Transitional Measures concerning Adaptation Measures)
Adaptation measures for climate change formulated by the Government pursuant to the previous Framework Act on Low Carbon, Green Growth as at the time this Act enters into force shall be deemed climate crisis adaptation measures, detailed action plans for adaptation measures, and regional adaptation measures for climate crisis under this Act, until the first climate crisis adaptation measures, detailed action plans for adaptation measures, and regional adaptation measures for climate crisis are formulated under this Act. Article 8 (Transitional Measures concerning Administrative Fines)
Article 9 Omitted.
Article 10 (Relationship to Other Statutes or Regulations)
Where the previous Framework Act on Low Carbon, Green Growth or any provisions thereof are cited in any other statutes or regulations as at the time this Act enters into force, such citation shall be deemed a citation of this Act or relevant provisions of this Act in lieu of the previous provisions, if there are any provisions corresponding thereto in this Act.